MAILI BISWAKARMA Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This miscellaneous appeal involves a vexed question as to whether a married sister is entitled to a compensation under no fault liability as per the provisions of section 140 of the Motor Vehicles Act, 1988 (hereinafter called as 'the said Act') on the death of her brother in a motor accident.

(2.) The claim petition was filed under section 140 of the said Act by the married sister of the deceased. Her case in short is that her brother, namely, Kancha Biswakarma was taking water from a roadside tap on the right side of N.H. 31. At that time the offending vehicle coming from Siliguri at a very high speed hit her brother who died on the spot.

(3.) The respondent insurance company contested the claim case by filing written statement. Although in the said written statement the respondent insurance company denied the fact of accident taking place on the alleged date, time and place but at the hearing of the aforesaid claim case only question raised was as to her entitlement to compensation as being the legal representative of her deceased brother who died in the said motor accident. The learned Claims Tribunal upon consideration of various decisions of different High Courts as well as the Supreme Court was of the view that the claimant being the married sister of the deceased must prove her dependency on the deceased so as to be entitled to a compensation on his death in a motor accident. The Claims Tribunal, accordingly, dismissed the said petition as the dependency of the claimant on her deceased brother was not established in her evidence.